PRACTITIONERSBEWAREARTICLE
005
AUTHOR: David Stout
EMAIL: [email protected]
Arizona is a pure comparative fault state, which
allows the finder of fact to apportion fault to parties
and non-parties alike. As a general rule, defendants
will only be responsible for their apportioned share
of fault – nothing more. Plaintiffs frequently name
multiple defendants in a lawsuit, and their pleadings
describe the various grounds for finding fault. If a
plaintiff settles with a defendant, that defendant will
be dismissed from the lawsuit, but the allegations
against that defendant do not disappear. Instead,
the remaining defen